The lower court convicted the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Since the court's discretion is whether to resume the hearing or adoption or closure of the motion for examination of evidence, it shall not be deemed unlawful even if the court below, without accepting the motion for examination of evidence or the motion for resumption of the hearing, rendered a sentence on the sentencing date

(1) The Supreme Court Decision 2005Do6503 Decided October 28, 2005 and Supreme Court Decision 2010Do7947 Decided January 27, 201, etc.). Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.